Amended  IN  Senate  September 01, 2023
Amended  IN  Assembly  March 08, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 97

Introduced by Assembly Member Rodriguez

January 09, 2023

An act to add and repeal Section 29305 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 97, as amended, Rodriguez. Firearms: unserialized firearms.
Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified. Existing law prohibits a person, corporation, or firm from knowingly manufacturing or assembling, or to knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification. Under existing law, a person who knowingly possesses a firearm that does not have a valid state or federal serial number or mark of identification is guilty of a misdemeanor.
This bill would, until January 1, 2033, require the Department of Justice to collect and report specified information, including, among other things, the number and disposition of arrests pursuant to made for violations of the provisions mentioned above. above, as specified. The bill would require the department to issue a report to the Legislature, prepare and distribute a report, as specified, on or before January commencing on July 1, 2025, and annually thereafter, that includes the data collected.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 29305 is added to the Penal Code, to read:

29305.
 (a) The Department of Justice shall collect and report data on arrests made by law enforcement agencies for offenses related to firearms without a valid state or federal serial number. The department shall collect and report the following data:
(1) The number of arrests pursuant to for violations of Section 23920.
(2) The number of arrests pursuant to for violations of Section 29180.

(3)The disposition of arrests pursuant to Section 23920 or 29180, including information about whether an arrestee was booked, cited, or released from custody.

(3) Until January 1, 2029, the disposition of violations of Sections 23920 and 29180, including, without limitation, the number of cases resulting in each of the following dispositions:
(A) An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency.
(B) An arrest was made, but no charges were filed by the district attorney or other prosecuting agency.
(C) The case was dismissed after charging, either by the court or the district attorney.
(D) The defendant was acquitted.
(E) The defendant was convicted, whether by trial or by plea.
(4) Starting Commencing on January 1, 2029, the disposition of prosecutions for violations of Sections 23920 or and 29180 based on the information reported to the department pursuant to subdivision (e) of Section 13370, including, but not limited to, whether the charges were dismissed, the defendant was acquitted or convicted, or whether the charges were resolved on other grounds, including as the result of a plea bargain. without limitation, the number of cases resulting in each of the following dispositions:
(A) An arrest was made, but the arresting law enforcement agency did not submit charges to the district attorney or other prosecuting agency.
(B) An arrest was made, but no charges were filed by the district attorney or other prosecuting agency.
(C) The case was dismissed after charging, either by the court or the district attorney.
(D) The defendant was acquitted by trial.
(E) The defendant was convicted by plea.
(F) The defendant was convicted by trial.
(b) The Commencing on July 1, 2025, and annually thereafter, the department shall issue a report to the Legislature on or before January 1, 2025, and annually thereafter, that includes the data collected pursuant to subdivision (a), except the data collected pursuant to paragraph (4) of subdivision (a) until the department begins reporting the data pursuant to paragraph (4) of subdivision (d) of Section 13370. (a). This report shall be made available in the same manner as described in subdivision (g) of Section 13010.

(c)The report submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

(d)

(c) This section shall remain in effect until January 1, 2033, and as of that date is repealed.